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Showing Posts In "Immigration and E-Verify" Category

Best Practices for Form I-9 Retention and Destruction

Regarding I-9 retention, the law states that an employer must retain an employee’s Form I-9 for “three years after the date of hire or one year after the date of the individual’s employment is terminated, whichever is later.” Put simply, the retention period for an I-9 only comes into play after the employment is terminated, […]

2021 in Review: Top Ten I-9 and E-Verify Compliance Insights

The American Immigration Lawyers Association held its annual Employer Compliance and Worksite Enforcement Conference, identifying compliance issues facing employers today. The top 10 I-9 and E-Verify Compliance insights include: 1. I-9 compliance is complex and constantly evolving, 2. Virtual Verification (remote (I-9 inspection) isn’t perfect or for everyone, 3. Employers should focus on both compliance […]

Large Clothing Retailer Settles I-9 Discrimination Claims

A settlement has been reached between the Department of Justice and Gap, Inc., resolving claims that the company routinely discriminated against certain non-U.S. citizen employees in connection with their I-9 reverification process. Investigations began in 2018 after a complaint from an employee that alleged unfair documentary practices. It was determined by the IER that the […]

DHS Announces New Worksite Enforcement Strategy: What Does It Mean For I-9 and E-Verify Compliance?

The Department of Homeland Security (DHS) provided insight into the odds of an employer being involved in an I-9 related worksite investigation. The recently released memo outlines a new shift in worksite enforcement strategy from the various governmental agencies that oversee I-9 and E-Verify compliance. The memo calls for the immediate end of mass worksite […]

E-Verify Releases Final Version of ICA v31 and Sets Deadline of March 31, 2022, for Web Services Providers

A new version (v31) of the E-Verify ICA has been published, including modifications of the duplicate case checking process and additional abilities to close a case during the scan and upload step. In addition, users now are required to download the Further Action Notice before referring a case and a new case delay reason has […]

Immigrant Workforce Management: A Cautionary Tale in I-9 Compliance

A recent settlement has highlighted discrimination claims against work-authorized non-United States citizens. The settlement, which resulted from an investigation by the Department of Justice (DOJ), Civil Rights Division, Immigrant and Employee Rights Section (IER) against Ascension Health Alliance (Ascension), resolves allegations that Ascension discriminated against foreign national employees. IER alleges that the company violated the […]

Verification Conundrum for Florida Employers: To E-Verify or Not to E-Verify

A new E-Verify compliance requirement went into effect in January when Florida introduced Senate Bill (SB) 664, which makes the use of E-Verify mandatory for all government employers, contractors, and certain private employers in the state beginning on January 1, 2021. The law also requires private employers who choose not to use E-Verify to maintain […]

E-Verify Implements Call-in Process to Resolve Citizenship Mismatch TNCs

The United States Citizenship and Immigration Services (USCIS) has announced an E-Verify policy update that provides employees who receive a Social Security Administration (SSA) Tentative Nonconfirmation (TNC) with a “citizen mismatch” reason with the option to call the Department of Homeland Security (DHS) to resolve their cases. The policy is intended to reduce the significant […]

Temporary Flexibility for I-9 Compliance Extended Again

The United States Immigration and Customs Enforcement (ICE) has announced another extension of flexibility in its rules related to I-9 compliance, lasting through March 31, 2021. Specifically: employers may continue to inspect Section 2 Form I-9 documents virtually; the flexibility applies only to employers with workplaces that are operating remotely (not physically present at the […]

Florida’s New Mandatory E-Verify Law Will Require Changes to Hiring Practices in the New Year

Effective on the first of the year, employers in Florida will be required to use the E-Verify system before hiring any new employees, possibly forcing significant changes within hiring practices. Florida employers should be aware of the varying obligations that are dependent on whether they are public or private and whether they contract with the […]


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